What steps to take?.

[xFallenx]

Hi Everyone
I hope I'm posting on the right forum.. Truth is I could really use all the help I can possibly get..

My boyfriend of the past 4 years proposed this spring and we're getting married the issue?....He's an American and I'm Canadian.. And we're a little unsure of what the next step is. The next time he visits (June/July) we will be getting our marriage license and all that good stuff taken care of. We're also considering just going to a Justice of the Peace for now and then having a wedding with our family later on down the road. But I guess my question is...Where do we start?....

Should he apply for Permanent Residency while he's outside the country?, or should he apply when he returns for a visit?.
Or Do we just go ahead and go for Sponsorship?, if sponsorship... What is the process and requirements?. What all do I need to ensure acceptance?.

It's a little confusing...I apologize... I just don't know where to begin... Any/All help and advise would be very much appreciated.

 

[rhcohen2014]

Hi Everyone
I hope I'm posting on the right forum.. Truth is I could really use all the help I can possibly get..

My boyfriend of the past 4 years proposed this spring and we're getting married the issue?....He's an American and I'm Canadian.. And we're a little unsure of what the next step is. The next time he visits (June/July) we will be getting our marriage license and all that good stuff taken care of. We're also considering just going to a Justice of the Peace for now and then having a wedding with our family later on down the road. But I guess my question is...Where do we start?....

Should he apply for Permanent Residency while he's outside the country?, or should he apply when he returns for a visit?.
Or Do we just go ahead and go for Sponsorship?, if sponsorship... What is the process and requirements?. What all do I need to ensure acceptance?.

It's a little confusing...I apologize... I just don't know where to begin... Any/All help and advise would be very much appreciated.

i would suggest starting on the Family sponsorshiop board on this forum. There are MANY posts about this already with US/Canadian couples.

You definitely want to apply OUTLAND, and he can remain in canada as a "visitor" during the application process, and applying for an extension to stay long term. As a visitor, he can not work in canada. If he can work remotely for a US company, that is the best deal for a us citizen.

The process for sponsorship and PR are the same thing. While they are different applciations, it's the same process, and both go together in the same package. If you can't prove commonlaw status, then you must wait until after getting married to apply for spousal sponsorship. Once you have your marriage certificate and all the other paperwork, you can send it in.

It is not worth it to apply inland, because a) it takes twice as long and b)if he has to leave canada for any reason, his application is at risk of abandonment.


Again, start by searching the Family sponsorship forum, as there is a lot of information already on there, then ask any questions that still confuse you. you can even click on my profile and search the posts i've written, because i write about this often, and it will give you a good idea how it all works.

 

[Regina]

As a visitor, he can not work in canada.

But if they apply inland -then as a person in a Family sponsorship process he could apply for an Open Work Permit.

 

[Rob_TO]

But if they apply inland -then as a person in a Family sponsorship process he could apply for an Open Work Permit.

Most US citizens applying outland, will have their full PR (and full SIN) in around the same time it takes to get just stage 1 approval and OWP for inland.

 

[Regina]

Could be. I am just talking about options.

 

[rhcohen2014]

Could be. I am just talking about options.

as Rob points out, it takes AT LEAST 8-10 months to get an OWP approved in an inland application, where in an outland app, the applicant would be landed in about that time. Either way, the wait time to work is the same 8-10 months, not including the time it takes to get a job. Either way, the applicant would be in canada as a VISITOR for 8-10 months before being able to work.

 

[xFallenx]

So if he does the Outland application, I have to also submit the spousal sponsorship application with his?. Would I just fill out my paperwork and send it to him, and then he send it all in from there?. Or would he send me his papers and I send it in from Canada?. Does it matter?. What are the requirements on my end for doing the spousal sponsorship?, is there any possibility of either of us getting denied?. Me getting denied as a sponsor or him getting denied on his Outland application?. Do I need to get the Government copy of our marriage certificate to send?, or is the one we got from the GP enough?. Do I have to send in the original?, or can I make a certified copy?. With an active outland application, will he be able to travel between Canada and the US without issues from Border Security and Immigration?, or is this going to be an ongoing battle for us until he has his PR come through?.

 

[scylla]

You'll need to spend some time familiarizing yourself with the forms you have to fill out and the supporting documentation you have to send (or alternatively hire an immigration lawyer to help you). There is quite a bit of material to cover. You can find this information here: http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

To answer a few of your questions: You submit the entire application package together to the Mississauga office. Yes - there's always some possibility of being denied - but the chances are very low if you are a genuine couple. You will want to include proof in the application to show you are a genuine couple. Other reasons for refusal can be things like you being either on welfare or bankrupt or your partner having a criminal record. Yes - you need to get a government copy of your marriage certificate. There are other documents required - again, you'll need to read through the requirements in detail to make sure you submit everything that's been requested and ensure your application isn't returned to you as incomplete. No - with an outland application there is no guarantee that he will be able to travel between Canada and the US without any issues. The border crossing process will be no different for him than it is today until he gets PR.

Again, the most important thing for you to do next is spend a lot of time really reading through the online material and forms to familiarize yourself with the process (or to hire a lawyer to do this for you).